Who Is Responsible for Dog Bite Injuries Under Missouri Law?

Missouri law holds dog owners strictly liable for the damage their dogs may cause, whether that’s to people, property, or other animals. In most cases, there’s no need for you to prove that the dog was known to be vicious in order to collect damages. But that doesn’t mean the situation will be straightforward. Talk to a Parkville, MO dog bite attorney as soon as possible if you’ve been bitten to find out what all your rights are and how to secure them.

Missouri’s Strict Liability

Missouri’s laws hold dog owners strictly liable. Strictly liable simply means that the owner is automatically responsible for what their dog does, and a victim does not need to prove negligence on the part of the owner or prior viciousness on the part of the dog to bring a claim. However, there are some exceptions it’s important to know about.

Most importantly, the bite must have come either on public property or on private property where the victim was legally permitted to be. For example, if you were bitten on a sidewalk, the owner would be liable. If a dog enters your property and bites you, again, the owner is liable. But if you are on the owner’s property, everything depends on your status there. A dog owner is typically not liable if a dog bites a trespasser or someone committing a crime on their property.

If a victim was provoking a dog prior to being bitten, then all bets are off. The court will decide who is to blame and to what degree, and Missouri’s comparative fault system for personal injury will come into play. Comparative fault rules state that a victim’s compensation is reduced by the same percentage as their fault.

Other Things to Know

When a Dog Harms in Other Ways

Dog owners are not just responsible for bites. If a dog knocks someone over and injures them or chases a cyclist and causes the cyclist to crash, the dog owner could be held liable.

Homeowners Insurance Usually Covers Dog Bite Claims

For most dog bites, the owner’s homeowners insurance policy is what will pay out any claim. But it’s important to have your lawyer look into this. Some policies specifically exclude dog bites, while others exclude coverage for certain breeds known to be high risk, such as rottweilers or pit bulls.

There may also be a cap on the payout that’s lower than personal injury claims for other liability, even under the same policy. Practically speaking, your claim’s value is usually limited by the policy limit. While you can bring a personal injury lawsuit against the dog owner directly, be aware that they may not have the resources to pay a particularly large claim. Your lawyer will tell you more after looking into it.

Talk to a Dog Bite Attorney in Parkville, MO

To find out more about how the law will apply in your case, reach out to Spooner & Perkins Attorneys at Law in Parkville, MO today for a free consultation.

Tags: dog bites, personal injury, Personal injury lawyers
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